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11/01/99 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 1, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda with the claims amount being amended from $230,355.70 to $228,647.25 and the removal of item E- 8, Approval of Sewer Service to the Conrad Complex. The motion was seconded by Graves. discussion. unanimously CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Atkinson moved approval of motion was seconded by Van discussion. Nystul asked where the reimbursement the City airport. Kukulski said it came out the City hasn't hired an taken from that line item. unanimously Register-$228,647.25 presented. budget. He said since the reimbursement was HEAR THE PUBLIC Ann Stafford, West Arizona St., said she would like some information on how much it will cost taxpayers if the City annexes all the property south to Four Corners and north to West Reserve. She said the vacant buildings downtown should be filled before the City takes on any additional property. PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE WEST VALLEY NEIGHBORHOOD PLAN/CITY-COUNTY MASTER PLAN J & F Construction and Vernon and Thelma Johnson have requested approximately 112 acres located northwest of the intersection of Highway 93 and West Reserve Drive be reclassified from Agricultural to One Family Limited Residential. Proponents John Parsons, representing the applicants, stated the Johnson's would like to sell part of their farm to reduce their debt and J&F Construction is planning to build the same quality subdivision as Country Estates. He said the 112 acres in question is three tenths of one percent of the area in the West Valley Neighborhood Plan. He said people are moving north and this is an ideal and logical location for residential development. Fraser, 300 Three Mile Dr., said the project conforms to the and policies of the West Valley Neighborhood Plan by focusing living in one area. Greg Stevens, Planning Board Member, agreed and stated there's no such thing as protecting agriculture without protecting farmers and farmers need to be given the flexibility when it comes to their land. He said the "community wants to preserve and protect agriculture but they don't want it to cost anything". Russ Crowder, Montanans for Property Rights, said in 1996 Flathead farmers had a loss of over 500 thousand dollars, yet property taxes since 1992 have increased by over 35 percent. He said agricultural 1529 land is no longer an asset and unless changes are made to allow farmers some flexibility, "those amber waves of grain will someday be amber waves of County or State owned weed fields". Frank Strickland, J&F Construction, stated the transition from farm land to residential will be gradual and won't happen overnight. He said the subdivision calls for at least three phases and could take as long as fifteen years to complete. Brent Johnson, 1053 Stillwater Rd., said he farms this land and to be able to continue farming, they need to sell off a portion. Steve Streick, 1328 Trumble Creek Rd., said he has rented several acres from the Johnsons in the past, and he can understand why they feel a subdivision is a better and higher use for this portion of their property. He said right now the Johnsons, at the most, can gross between five and six thousand dollars a year on that section of property. Opponents Bill Breen, 335 Mtn. Meadow Rd., read a letter expressing concern with the Master Plan Amendment. (Letter attached hereto and by this reference is made a part of the official record) David Van Dort, 777 O'Neil Creek Rd., stated he was a member of the West Valley Neighborhood Plan development committee and this project isn't what the people wanted. He said he's concerned that 135 additional septic systems will have an adverse impact on the aquifer. Kim Davis, 1230 Rhodes Draw, said the goals and standards of the neighborhood plan are not being met by this proposal and if this amendment is approved, it will be the beginning of the end for the entire neighborhood plan. Mayre Flowers, Citizens for a Better Flathead, said under the existing plan, the owner still has development options with clustering and the area, s agricultural plight will not be solved by approving this development. She said the Master Plan update needs to be finalized before these kinds of developments are approved. Boharski asked Narda Wilson, FRDO, to comment. Wilson said the West Valley Land Use Advisory Committee voted three to two in favor of the project, with one member abstaining. She said even though they recommended approval, the committee had serious concerns regarding the use of on -site septic systems. Wilson said the Planning Board didn't feel the lack of sewer services was an issue, but the Planning Staff strongly disagrees. She said the proposal is "not only premature, but it would be irresponsible". Kukulski commented the problem with agricultural land is a nationwide issue and is a very difficult issue to resolve. He said, however, that area will eventually need City sewer and water along with police and fire protection. Kukulski said the Council should be looking at the long range ramifications prior to an additional 150 homes going up in that area. Boharski opened the floor to Council questions. Atkinson questioned Flowers as to what she meant when she stated the developer has other options. Flowers answered under the West Valley Neighborhood Plan, the property could be developed into lots under the clustering provision. Atkinson said it appears, however, that under the clustering option the balance of the Johnson's land would have to be held in perpetuity for open space. Wilson said the cluster provision allows for one dwelling unit per five acres with a minimum lot size of one acre. She said the rest of the property would then be set aside for open space which the farmer could keep or sell for agricultural purposes. 1530 Haarr said there's been concern expressed about the effect of the septic systems on the aquifer, yet the septic systems in Country Estates have been working extremely well and that's a larger subdivision than the one proposed. Boharski said if all of the Johnson's property, about 500 acres, was developed under the clustering provision they could have approximately the same number of homes developed and still be able to farm. He asked Johnson if he would consider that option which wouldn't require a change in the Master Plan. Johnson answered the land that would have to be held in open space, even though it can be farmed, would be worth a lot less under the clustering option. Strickland commented that once the property is developed under that provision and the land declared open space, it can no longer be subdivided. He said the statement "in perpetuity" means forever and if the market doesn't turn around, it could put the farmer out of business. Boharski asked if that means forever, or until it's changed by the governing bodies. Wilson said it's in perpetuity until the regulations change. She said it doesn't mean it can't be changed along with the times. Donahue said the neighborhood plan was developed after many months of meetings and input from area residents. He said if this property is removed from the plan, then others could ask for the same consideration and the Council will end up rewriting the plan piece by piece. Donahue said he doesn't feel the Council should be doing that. Boharski closed the public hearing. RESOLUTION 4515 - RESOLUTION ADOPTING PROPOSED AMENDMENT TO THE CITY -COUNTY MASTER PLAN Haarr moved Resolution 4515, a resolution adopting a proposed amendment to the Kalispell City -County Master Plan. The motion was seconded by Scarff. There was discussion. Haarr commented there's going to be a significant increase in the area's population in the next ten years and Kalispell needs room to grow. He said this proposal is perfect because it creates density close to Kalispell. Atkinson said instead of building up the areas around Kalispell, he'd like to build from the center out. He said the City is going to have to pay for the sewer and water extension and the City can't afford it. Atkinson said if the plan is to annex that area in the future, then developers should be required to provide for sewer and water hook up now and he doesn't think they can afford to do that. Nystul said if the septic systems in Country Estates are working fine and the residents are happy with the County services, then the possibility of annexing that area in the near future is "slim and none". In addition, he expressed concern that the West Valley Neighborhood Plan is only two years old and it should be in place longer before areas are extracted from it. Donahue agreed with Atkinson stating the City should grow outward and this proposal isn't in the best interest of Kalispell. He said it will create another island if annexed, because history shows the areas in between will not come into the City limits. Van Natta said it's a tough decision because he can understand the farmer's dilemma, yet he doesn't see that area being annexed in the future and he can understand the opposition to additional septic systems. He said he will "reluctantly" support the amendment. Larson said he supports the amendment because of its location. He said it makes sense to keep the residential developments in one area and the amendment will not hurt the overall West Valley Neighborhood Plan. 1531 Boharski stated the Johnsons could build 100 units under the existing neighborhood plan without any amendment to the Master Plan. He said he also feels there are valid concerns with the school district and he hopes those are addressed before the project, if passed, is started. Boharski commented in the future, he hopes the Commissioners would make their decision on a land use change in the County prior to sending it to Council. The motion carried upon roll call vote with Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson, Donahue and Nystul voting against. PUBLIC HEARING ON PROPOSED WATER CONNECTION FEES FOR WATER METER SIZES LARGER THAN FOUR INCHES DIAMETER At the present time, the City uses a water connection fee schedule that only covers meters up to four inches diameter. The recent approval of the Waterford development has prompted the addition of connection fees for meters up to twelve inches diameter. In order for the City to establish the larger meter connection fees, a public hearing is required. Boharski opened the public hearing. Proponents None Opponents None Boharski closed the public hearing. RESOLUTION 4516 - RESOLUTION ESTABLISHING FEES FOR 611, 811, 10" AND 12" WATER METER SIZES FOR CUSTOMERS OF THE KALISPELL WATER UTILITY Van Natta moved resolution 4516, a resolution adopting increases in the fees, schedules, rates, charges and classifications imposed on the customers of the Kalispell Water Utility and setting an effective date. The motion was seconded by Larson. There was discussion. Donahue stated each year the fees increase and asked how that percentage was determined. Public Works Director Jim Hansz said an incremental increase of three percent is built into the fee schedule and that percentage was matched with the larger connections. He said the increases usually follow the Consumer Price Index. Donahue said he can't believe that in the year 2013, water connection for a twelve inch meter will cost over two hundred and seventy five thousand dollars. Hansz said the connection fee helps to recover the cost of the infrastructure necessary to supply the water. He said for example, a twelve inch connection would be the size of the connection for the entire water main that was intended to serve the Domesite. Donahue asked if the high fee wouldn't discourage developers. Hansz stated any developer with a project that would require a twelve inch meter would anticipate the cost. Haarr commented he would like to see the increase strictly follow the CPI instead of a flat three percent each year. Nystul said the inflation rate of three percent was built into the schedule to eliminate public notice each year. The motion carried unanimously upon roll call vote. PUBLIC HEARING ON PROPOSED SEWER CONNECTION FEES FOR WATER METER SIZES LARGER THAN FOUR INCHES DIAMETER Hansz explained the change also has to be made for sewer customers with the schedule extending to 2012 and a built-in increase of five percent per year. 1532 Boharski opened the public hearing. Proponents None Opponents None Boharski closed the public hearing. RESOLUTION 4517 - RESOLUTION ESTABLISHING FEES FOR 611, 811, 10" AND 12" WATER METER SIZES FOR CUSTOMERS OF THE KALISPELL SEWER UTILITY Larson moved resolution 4517, a resolution adopting increases in the fees, schedules, rates, charges and classifications imposed on the customers of the Kalispell Sewer Utility and setting an effective date. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4518 - RESOLUTION ADOPTING FINAL FEASIBILITY/MASTER PLAN STUDY FOR KALISPELL CITY AIRPORT Morrison-Maierle has now completed the Airport Master Plan Study and has asked the Council to formally accept the final version. Haarr moved Resolution 4518, a resolution adopting the Airport Master Plan Study as submitted and amended and identifying alternative number two, 5 degree realignment, as the preferred alternative. The motion was seconded by Larson. There was discussion. Nystul moved an amendment to the resolution by inserting at the end of Section II the following language: "noting however, that the issue of the radio towers must be resolved with the Federal Aviation Administration and perhaps the Montana Department of Transportation before the project is started". The motion was seconded by Donahue. There was discussion. Atkinson asked if that would be "any kind of a deal buster" Kukulski said he doesn't see the change affecting anything because the tower issue has to be resolved before the project can move forward anyway. Larson stated the intent of the resolution is to show the FAA the Council is serious about moving ahead with the airport reconstruction and he wonders if that resolve isn't weakened with the amendment. Fred Leistiko, Airport Advisory Board Member, said the amendment simply states the Council acknowledges the tower problem and shouldn't weaken its position at all. He said he feels the amendment is a proper one. The amendment carried unanimously upon vote. Donahue said he has reviewed the plan and feels the safety issues aren't properly addressed. He said the airport is located in an area surrounded by homes and businesses and safety is a major concern. In addition, Donahue stated with a large airport nearby, the City airport just isn't needed and will never be financially viable. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and Donahue voting against. RESOLUTION 4519 - RESOLUTION ADOPTING FEDERAL AID PROJECT FOR RECONSTRUCTION AND TRAFFIC SIGNAL INSTALLATION ON IDAHO STREET, LASALLE ROAD AND SUNSET BOULEVARD. The Montana Department of Transportation has prepared projects for the improvement and upgrade of traffic signal control systems in the Kalispell area and is asking the City to enter into a construction agreement for federal aid. 1533 Nystul moved Resolution 4519 which states: "It is hereby resolved by the City Council of Kalispell that the City Agreement of Federal Aid Project Nos. CM 6799 (19) and CM 6799 (20) with the State of Montana, acting by and through the Department of Transportation, is adopted by this Council; and the Mayor of Kalispell is hereby empowered and authorized to execute said Agreement on behalf of the Council of Kalispell". The motion was seconded by Scarff. There was discussion. Nystul said he just wants to note his displeasure with MDOT's project on Main Street where the street lights were turned off at night which he feels posed a safety hazard in the Central Business District. Boharski said he will vote against the resolution because Federal laws allow discriminatory actions favoring certain businesses when projects are awarded. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff and Van Natta voting in favor, and Boharski voting against. RESOLUTION 4520 - RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BUFFALO COMMONS PHASES III, IV AND V. This is a request for preliminary plat approval of a 27-lot commercial subdivision which is part of the Buffalo Commons PUD located northeast of Heritage Way and Windward Way on the north side of Sunnyview Lane. Narda Wilson, FRDO, stated the staff is recommending approval of the Preliminary Plat but would like to see the Council develop a long term plan for the upgrade of Sunnyview Lane. She said development continues in that area with no improvements being done to Sunnyview Lane. Wilson suggested the Council formulate a design for that roadway so that future developers can be told what infrastructure is required. Kukulski said as long as subdivisions are allowed to be built to County standards, knowing that someday those areas will be annexed, then the City will continually find itself facing this kind of problem. He said if the City doesn't start requiring that developers become "part of the financial equation", then the citizens of Kalispell will be paying for the improvements. Larson moved Resolution 4520, a resolution approving the preliminary plat of Buffalo Commons Phases III, IV and V, Flathead County, Montana. The motion was seconded by Donahue. Larson agreed that Sunnyview has been a problem for years and asked why infrastructure improvements on that roadway were stricken from the conditions on the preliminary plat. Wilson said they weren't stricken from the conditions, but they were amended. She said the conditions still require some improvements along the north side of Sunnyview Lane. Atkinson said Sunnyview is bad but the hospital really needs to do something about traffic from Sunnyview to Conway Drive. He said the only way to get from Sunnyview to Conway is to go through the emergency entrance and that's "asinine". Atkinson suggested that maybe the Council shouldn't do anything with the preliminary plat until these issues are addressed by the hospital. Wilson said nobody would disagree with the traffic problem Atkinson described, but Buffalo Commons isn't part of the hospital development and can't be held responsible. In addition, she said the hospital is in the process of developing a master plan for that area and hope to address the problem of Sunnyview and Conway at that time. Haarr said it seems like there are more questions than answers at this time. Haarr moved to table Resolution 4520 until the Council has a chance to look at the issue during a work session. The motion was seconded by Atkinson. 1 5�e4motion carried upon vote with Nystul, Van Natta and Boharski voting against. ORDINANCE 1339 - ZONE CHANGE REQUEST FROM WILLIAM AND REBECCA SNEED - 1ST READING The Sneeds are requesting 1.64 acres on the southwest corner of 8th St. W. and 12th Ave. W. be changed from Low Density Residential Apartment to Two -Family Residential. The Planning Staff and Planning Board are both recommending approval of the zone change. Haarr moved first reading of Ordinance 1339, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described on Exhibit "A" (previously zoned RA-1, Low Density Residential Apartment) to R-4 (Two -Family residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1336 - AN ORDINANCE AMENDING ORDINANCE 1166 - 2ND READING Neier explained Ordinance 1336 establishes the position of the City Clerk and adjusts the duties of the Finance Director in accordance with Montana law. Scarff moved second reading of Ordinance 1336, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by amending Ordinance 1166, § 2-44, adjusting the duties of City Finance Director, creating the position of City Clerk, establishing duties thereof and authorizing the City Attorney to recodify § 2-44 in accordance with this ordinance and declaring an effective date. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1337 - AN ORDINANCE REVISING CHAPTER 9, ARTICLES I & II, KALISPELL MUNICIPAL CODE - 2ND READING Neier explained Ordinance 1337 repeals outdated ordinances and generally revises the qualifications, appointment and suspension of firefighters. Larson moved first reading of Ordinance 1337, an ordinance amending Chapter 9, Fire Department, Kalispell Municipal Code, by amending R.O. 1947 §§ 69, 71, 73, and Ordinance 597 § 1; repealing R.O. 1947 §§ 74, 75, 77, 78; enacting new Section II (qualifications of firefighters), Section III (term of appointment of firefighters - probationary period), Section IV (authority to suspend firefighters), Section V (suspension procedure), Section VI (review pursuant to collective bargaining agreement), Section XIII (Firefighters' Unified Retirement Act); authorizing the City Attorney to recodify Chapter 9 in accordance with this ordinance; and declaring an effective date. The motion was seconded by Scarf f. There was discussion. Donahue said he would still like to see that Section C, under the Authority to Suspend Firefighters, be changed to read: "The assistant chief of the fire department, with the consent of the fire chief, may suspend any firefighter for like cause". There was no objection. The motion carried unanimously upon roll call vote. ORDINANCE 1338 - AN ORDINANCE REPEALING ARTICLE I, CHAPTER 5, BUILDINGS, KALISPELL CITY CODE - 2ND READING Ordinance 1338 repeals the sections dealing with Fire Zones and lot requirements for dwellings which are dealt with under the Zoning Ordinance. Atkinson moved second reading of Ordinance 1338, an ordinance amending Chapter 5, Buildings, Kalispell Municipal Code, by repealing R.O. 1947, § 926; and Ordinance No.'s 579, § 1 and 754, §§ 1 and 2, authorizing the City Attorney to recodify Chapter 5, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Graves. 1535 There was no discussion. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski thanked Glen Neier, Rick D'Hooge and Marti Hensley for the many hours they have worked recently in conjunction with the Kalispell Police Association hearings. Kukulski informed the Council that the City will be hiring an emergency services consulting firm regarding the City's ISO rating and how to lower it. Donahue said he is very concerned about a "rock garden" that extends about ten feet into the right of way on Crestline. He said he has voiced his concerns to the Manager, the City Attorney and the Public Works Director but nothing' s been done about solving the problem. Donahue moved the Council instruct the City Manager and City Attorney to take appropriate action to move the "rock garden" from the right of way back onto the private property and report back in thirty days. The motion was seconded by Haarr. There was discussion. Kukulski stated staff has tried to address the issue and several questions have been raised as to what constitutes the right of way when it comes to landscaping. He said the landscaping in question does not obstruct the vision of drivers and does not appear to be protruding into the road. Kukulski said there are dozens of examples where people have planted bushes in the right of way and this situation isn't any different. Donahue said he doesn't know of any situation in the City that parallels the obstruction on Crestline. He said several neighbors have complained and he would like the matter to be taken care of, even if means having the Council direct the staff to take action. Haarr said he feels there is a safety issue and "that pile of rocks that's laying out there is an accident waiting to happen". Larson said without looking at the property, he doesn't feel comfortable voting on the motion. Nystul agreed, stating that maybe the issue should be placed on the agenda for the next meeting. He said at the same time, maybe the Council could consider a better defined policy concerning right of way encroachments. Hansz said if the Council requires this property owner to remove the material in question, then in all fairness, several homeowners in the same area should be asked to remove improvements that are in the right of way. Donahue disagreed, stating you have to use good judgement when assessing the different situations. Van Natta moved to table the motion until the Council has a chance to review the situation. The motion was seconded by Nystul. The motion carried upon vote with Donahue voting against. ADJOURN The meeting was adjourned at 11:00 p.m. Wm. E. Boharski Mayor ATTEST: �,W6 Theresa White City Clerk approved 11/15/99